Common EB-5 Job Creation Requirement Questions

Fulfilling the EB-5 job creation requirements is a key part of the EB-5 Program.

KAPIN PLLC EB-5 immigration attorneysAt the time of filing their I-829 Petitions to remove their conditions on their green cards, EB-5 investors must submit proof that their investment created the requisite number of jobs. Here are 4 of the most common EB-5 job creation requirement questions investors ask:

What is the job creation requirement for the EB-5 Program?

An EB-5 investor must make an investment into a qualified project and that investment must result in the creation of at least 10 full-time jobs for qualified U.S. workers. It does not matter if an EB-5 investor invests in the direct program or the Regional Center Program when it comes to job creation, their investment must still create a minimum of 10 jobs. However, if an investor makes their investment in the Regional Center Program, they can count indirect and induced jobs as well as direct jobs towards the 10 jobs required.

What is a permanent job?

A permanent job is a job that is not temporary or seasonal. An EB-5 investor must show that the required number of jobs were created at the time that they file their I-829 Petition.

How does USCIS verify job creation?

For direct investments, USCIS requires W-2s and payroll documents to be filed to show direct job creation. For Regional Center projects counting direct, indirect, and induced job creation, USCIS requires documents to be submitted that show job creation calculated based on expenditures.

When might a job be disqualified and not count toward the total required?

In order for a job to count it cannot be seasonal, temporary or part-time (less than 35-hours per week). A job also cannot be filled by a worker who is not authorized to work in the U.S. In most cases, the position must be filled by a person who is either a U.S. citizen or a permanent resident. For the direct program, jobs must be created directly by the new commercial enterprise (NCE). For example, if the project is a hotel, an example of a direct job could be a concierge position.

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